Five plead guilty in gas station robbery case
By JESSICA KELLER
ARGUS OBSERVER
Saturday, June 27, 2009 10:32 PM PDT
VALE — All five of the codefendants charged in an armed robbery of an Ontario gas station in January have pleaded guilty in Malheur Circuit Court, and three have yet to be sentenced.
Loren Stewart, 20, Payette, Juvenal Pineda, 19, Ontario, Clemente Pineda, 22, Vale, Heriberto Leyva, 18, Vale, and Osbaldo Ernesto Bedoya Perez, 19, Nyssa, were all arrested and charged in connection with a Jan. 4 armed robbery of the Ontario Shell Station,1320 S.W. Fourth Ave.
According to police, three individuals entered the business and, with a knife, ordered the three gas station employees to the floor and proceeded to take merchandise, money and personal property from them before fleeing in a vehicle. Stewart, whom police identified as the driver of the vehicle, and Pineda were arrested shortly after the incident, and the others were arrested later.
All five young men pleaded guilty to the crime after reaching plea agreements with the Malheur County District Attorney’s Office.
Stewart and Juvenal Pineda reached a plea agreement before their trial began, Malheur County Assistant District Attorney Erin Landis said. Stewart pleaded guilty May 21 to robbery in the second degree, which is a Measure 11 crime. Landis said, although the minimum required sentence is 70 months in prison, Stewart agreed to testify against his codefendants, allowing for probation instead of prison time. Landis said the state agreed to recommend probation at his sentencing, slated for 11 a.m. July 7.
Juvenal Pineda pleaded guilty June 17 to two counts of first degree robbery, which has a presumptive sentence of 90 months apiece, 180 months total. Landis said, in the plea agreement, the district attorney’s office agreed 24 months could be served concurrently, reducing Pineda’s prison time.
“So he agreed to 13 years in prison,” Landis said, adding he was sentenced Tuesday to the 156 months. Leyva was also sentenced Tuesday to 70 months in prison after pleading guilty to one count of robbery in the second degree, in which he agreed to the district attorney’s stipulation he could not argue for probation. Juvenal Pineda’s older brother, Clemente Pineda, will be sentenced Aug. 3 in Malheur County Circuit Court after pleading guilty to robbery in the second degree, which carries a presumptive 70 months in prison sentence. Landis said, in the plea agreement, the two sides “agreed to disagree” on what happened at the sentencing.
“The state’s going to argue for prison, and he’s going to argue for probation,” Landis said.
Likewise, Perez pleaded guilty to the same charge and will also argue for probation at his sentencing July 15.
In other court action, Ricardo Mosqueda, 50, Nyssa, pleaded not guilty June 15 to two counts of sex abuse in the first degree for alleged sexual acts involving a student in the Nyssa School District. Mosqueda, who worked as an instructional assistant at the time, was indicted by a grand jury in late April. Mosqueda’s trial dates were set for Oct. 1 and Oct. 2, and, if found guilty, he could possibly face 75 months in prison for each count.
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